That's what it is now, but the NHLPA made them shoot in the dark with their first offer because there was no dialog between the two sides. The owners were afraid of what Fehr was going to do, they were worried that he was going after the cap and they were right. They had to send a crap first offer to set the bar really low.

If the NHLPA had made an equally ridiculous offer based on the linkage, the two sides would have negotiated and we would all be watching NHL hockey right now.

Instead, Fehr went after escrow and was only willing to give some percentage back if the revenues continued to grow at record rates. He never offered really dollars, only a potential percentage. Getting rid of escrow is the first step in eliminating the cap system.